Are Debt Buyers Responsible For Driving Consumers Into Bankruptcy?

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A bipartisan group of lawmakers on Thursday introduced legislation to make bankruptcy relief available for student loan borrowers.
Sens. Elizabeth Warren (D-Mass.) and Dick Durbin (D-Ill.), along with Reps. Jerrold Nadler (D-N.Y.), John Katko (R-N.Y.) and Joe Neguse (D-Colo.) introduced…

In a 2011 opinion, Judge Alley ruled that a debtor who filed a Chapter 13 Bankruptcy Plan to be funded from profits derived from the cultivation and sale of medical marijuana could not be confirmed as such business activities were…

A report issued today by the Commission on Consumer Bankruptcy of the American Bankruptcy Institute recommends substantial changes to how student loans are treated in bankruptcy. Under current law (11 U.S.C. §523(a)(8)), a court must find that an “undue hardship”…

I recently came across an interesting article challenging the conventional wisdom about why people file for bankruptcy. Most people, myself included, have long concluded that the amount of debt a person has, combined with unfortunate personal circumstances (divorce, job loss,…

I hear it all the time in my practice. People say they want to “build their credit.” Every time I hear this phrase I cringe. It’s held up like a badge of honor, building credit or having good credit. “I…

Filing bankruptcy can be one of the most difficult choices a person makes. Often you have been struggling to meet your financial obligations. Something happens and the house of cards comes tumbling down, leaving you faced with a proposition that…

Sears filed for chapter 11 bankruptcy protection on Monday, October 15. In doing so, it stated its plan for turning business around, and seeks to operate through the holiday season.
In order to succeed, the company will need its creditors…

In a defeat for debtors in bankruptcy, the Supreme Court ruled yesterday that a debtor filing for bankruptcy cannot claim an exemption in an inherited IRA as “retirement funds” under 11 U.S.C. §§522(b)(3)(C) and (d)(12). This case resolved a circuit…

As discussed in one of my prior posts, Chapter 13 Bankruptcy can be an effective way to save a home from foreclosure if you are behind on the payments to the mortgage lender. Foreclosures for back property taxes owing to…

The recent case of In re Alazzeh from the Ninth Circuit Bankruptcy Appellate Panel emphasizes the harsh results that can occur when a litigant fails to obtain a court order approving an extension of time even when there has been…

When Congress amended the bankruptcy laws in 2005, one of the changes concerned the length of Chapter 13 Plans. “Below-median” debtors (those with incomes below the median in their state of residence for a family of their size) were generally…

Last month, I posted an article entitled Inheritances and Bankruptcy – Strange “Bedfellows” outlining the odd intersection between inheritances and bankruptcy. This month I want to discuss the how bankruptcy and divorce can interrelate. Most people know that financial stress…

As recently reported in the Wall Street Journal, the U.S. Trustee recently announced a resumption of audits of consumer bankruptcy cases to start March 10. Those audits had been suspended due to budgetary constraints. Under federal law, the U.S. Trustee…

Under certain circumstances, the filing of a bankruptcy case can help reinstate a suspended driver’s license. Oregon law provides that a driver’s license can be suspended for a variety of reasons. The types of suspensions relevant to this discussion include…

Under Oregon law (ORS 18.150), a judgment entered or registered in the county where the debtor owns real property generally becomes a lien against that property. Theoretically, a lien creditor may have the right to foreclose on the lien in…

A recent opinion (Murray v. Hanley) from Judge Dunn of the Oregon Bankruptcy Court is a good illustration of why it may not be a good idea to loan substantial amounts of money to someone you meet online. In that…

As discussed in one of our previous blog posts, Chapter 13 Bankruptcy can be a very powerful tool to solve a fairly wide variety of financial problems. One of the more common uses of Chapter 13 is to solve tax…

As discussed in one of our previous blog posts, Chapter 13 Bankruptcy can be a very powerful tool to solve a fairly wide variety of financial problems. One of the most common uses of Chapter 13 is to save a…

On June 4, Governor Kitzhaber signed Senate Bill 558 which now requires mortgage lenders to offer a “resolution conference” with the homeowner before recording a “Notice of Default” to initiate a non-judicial foreclosure or before filing a lawsuit to initiate…

I read a rather interesting case today from the Ninth Circuit Court of Appeals where an attorney missed a filing deadline and attributed it to computer difficulties.
The case of Anwar v. Johnson concerned a creditor’s attempt to have the…

On July 1, 2013, Governor Kitzhaber signed Senate Bill 396 which now allows Oregon residents to use federal exemptions when filing for bankruptcy. Previously, Oregon residents were limited to exemptions provided for under Oregon law As discussed on our web…

The Bankruptcy Code embodies the “fresh start” principle, the idea that people who have made mistakes in their financial lives, or who have simply been the victims of bad luck, can seek refuge in bankruptcy, and discharge their debts. As…

In an effort to avoid a foreclosure on a home, many homeowners look to short sales and loan modifications. While it is true that short sales and loan modifications can help prevent foreclosures, they can produce nasty surprises come tax…

As discussed in one of our previous blog posts, debtors in bankruptcy are able to “exempt” certain property up to a particular dollar value. This means that a Chapter 7 Trustee is not entitled to take any property from a…

Discharge of student loan debt in bankruptcy has been difficult at best since Congress amended the Bankruptcy Code in 1998. That amendment eliminated the provision of the Code allowing for discharge of student loan debt if the loan had been…

If you have been researching bankruptcy, it is likely you have encountered information about the means test and how difficult it can be to qualify for chapter 7 bankruptcy. You may have even consulted with an attorney or paralegal who…

The Bankruptcy Appellate Panel recently issued a ruling that clarifies the classification of “room and board and miscellaneous fees” owed directly to a university. The court ruled that “room and board” debts fall under the exception to discharge under 11…

When most people think of the concept of “bankruptcy”, they usually are thinking of Chapter 7 bankruptcy, which is the more common type of bankruptcy filing. In Chapter 7, the debtor is required to turn over non-exempt assets (if any)…

In a 1789 letter to the French scientist Jean-Baptiste Leroy, Benjamin Franklin observed that “in this world nothing can be said to be certain, except death and taxes.” Perhaps along those lines, most people assume that taxes cannot be discharged…

You have a long-standing credit card with a balance owing of $10,000. Despite your best efforts to pay down the debt over the years, with interest rates as high as they are, you just don’t seem to be able to…

Many factors go into the decision as to whether to file for bankruptcy, but also when to file for bankruptcy. This post will discuss timing and other considerations as they relate to the receipt and spending of tax refunds.
During…

This article is a reprint from the ABI Legislation Newsletter.
An Analysis of the “National Guard and Reservist Debt Relief Extension Act of 2011”
By Karen Cordry
In 2008, Congress enacted the National Guard and Reservists Debt Relief Act of…

In addition to permanently erasing many types of debts, bankruptcy provides extremely powerful immediate protections, including the ability to:
Stop threatened or continuing garnishment of your wages or bank accounts
Stop foreclosure proceedings on your home or business property
Avoid…

At the bankruptcy law firm of Columbia River Law Group, you will receive the high-quality, efficient, and personal service that you deserve. We help individuals and businesses in and around Portland, Oregon, and Vancouver, Washington, with Chapter 7 and Chapter…

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Compassionate

You're suffering through the stress of financial troubles, the last thing you need is an attorney who makes you feel bad about having to file for bankruptcy. We are here to support and help you through this difficult process with compassion and dignity.

Experience

The attorneys of Columbia River Law Group have years of experience, working primarily with bankruptcy and consumer cases. Because we focus exclusively on bankruptcy cases, we can assist you with knowledge and expertise.

Personalized Service

Unlike many firms where you interact primarily with paralegals, your case will be handled by an experienced attorney from start to finish. An attorney will answer all of your questions and see your Chapter 7 or Chapter 13 case through, helping you achieve a fresh start.

Portland Office:

10121 SE Sunnyside Road, Suite 300,
Portland,
OR97015

Phone: (503) 545-1061

Eugene Office:

P.O. Box 5376,
Eugene,
OR97405

Phone: (541) 972-3351

Columbia River Law Group is a full-service bankruptcy firm that assists Oregon residents in Portland, Hillsboro, Gresham, Oregon City, Wilsonville, West Linn, Tigard, Scappose and St Helens. Lara M. Gardner assists residents in and around Eugene, Springfield, Corvallis, Albany, Roseburg, Florence, and the Willamette Valley.

Nothing on these pages is to be construed as legal advice. Submitting a request for a consultation does not constitute an attorney client relationship.

Please feel free to contact us if you are interested in representation. Columbia River Law Group is a Debt Relief Agency. We help people file for bankruptcy under the federal bankruptcy code.